The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2012

Made: 29th February 2012

Laid before the Scottish Parliament: 2nd March 2012

Coming into force: 1st April 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections70(1), 73(a), 74(a), 105(7) and 108(1) of, and paragraphs 2 and 2A of Schedule 11 to, the National Health Service (Scotland) Act 1978[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2012 and come into force on 1st April 2012.

• (2) In these Regulations “the principal Regulations” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998[^f00002].

Amendment of the principal Regulations

2

• (1) The principal Regulations are amended as follows.

• (2) In regulation 19 (redemption value of voucher for replacement or repair)[^f00003]—

• (a) in paragraph(1)(b) for “£52.90” substitute “£54.20”;

• (b) in paragraph(3)(a) for “£13.70” substitute “£14.00”; and

• (c) in paragraph(3)(b) for “£59.70” substitute “£61.20”.

• (3) In Schedule1 (voucher letter codes and face valuessupply and replacement)[^f00004] in column3 (face value of voucher) for each amount specified in column1 of the table below (old amount) substitute the amount specified in relation to it in column 2 (new amount).

• (4) For Schedule2 (voucher values– repair)[^f00005], substitute the Schedule to these Regulations.

• (5) In Schedule3 (prisms, tints, photochromic lenses, small glasses and special frames and complex appliances)[^f00006]—

• (a) in paragraph1(1)(a) for “£11.80” substitute “£12.10”;

• (b) in paragraph1(1)(b) for “£14.20” substitute “£14.60”;

• (c) in paragraph1(1)(c) for “£4.00” substitute “£4.10”;

• (d) in paragraph1(1)(d) for “£4.50” substitute “£4.60”;

• (e) in paragraph1(1)(e)—

• (i) in sub‑head(i) for “£59.70” substitute “£61.20”;

• (ii) in sub‑head(ii) for “£52.90” substitute “£54.20”; and

• (iii) in sub‑head(iii) for “£28.60” substitute “£29.30”;

• (f) in paragraph1(1)(g) for “£59.70”, “£52.90” and “£28.60” substitute “£61.20”, “£54.20” and “£29.30” respectively;

• (g) in paragraph2(a) for “£13.70” substitute “£14.00”; and

• (h) in paragraph2(b) for “£34.60” substitute “£35.50”.

Application of regulation 2

3

The amendments made by regulation2(2) to(5) and the Schedule apply only in relation to a voucher accepted or used pursuant to regulation12 or 17 of the principal Regulations on or after 1stApril 2012.

SCHEDULE

Signed

MICHAEL MATHESON — Authorised to sign by the Scottish Ministers — 29th February 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“the principal Regulations”) which provide for payments to be made by means of a voucher system, in respect of costs incurred by certain categories of persons in connection with the supply, replacement and repair of optical appliances.

Regulation2(2) amends the principal Regulations to increase the redemption value of a voucher issued towards the cost of replacing a single contact lens, to increase the maximum contribution by way of a voucher to the cost of repairing a frame and the maximum supplement for small glasses and special frames.

Regulation2(3) amends the principal Regulations to increase the value of vouchers issued towards the cost of the supply and replacement of optical appliances.

Regulation2(4) amends the principal Regulations to increase the value of vouchers issued towards the cost of the repair and replacement of optical appliances.

Regulation2(5) amends the principal Regulations to increase the additional values for vouchers for prisms, tints or photochromic lenses and special categories of appliances.

The increases contained in regulation 2(2) to (5) and the Schedule come into force on 1stApril 2012. Regulation3 provides however that those increases only apply in relation to vouchers accepted or used on or after 1stApril 2012.

Footnotes

[^f00001]: 1978 c.29; section 70(1) was amended by the Health and Medicines Act 1988 (c.49) (“the 1988 Act”), Schedule 3; section105(7) was amended by the Health Services Act 1980 (c.53) (“the 1980 Act”), Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 9, Part I, paragraph24 and the Health Act 1999 (c.8), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made; paragraph 2 of Schedule 11 was substituted by the 1988 Act, section 11 and Schedule 2, paragraph 15(1) and Schedule 3 and amended by the Health and Social Security Act 1984 (c.48) (“the 1984 Act”), Schedules 1 and 8, the 1980 Act, Schedule 5, and paragraph 2A of Schedule 11 was inserted by the 1984 Act, Schedule 1, Part II, paragraph 7 and amended by the 1988 Act, section 13(2) and (5) and the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), section 13. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: S.I. 1998/642; amended by S.I. 1999/748, S.S.I.1999/64, 2000/45 and 395, 2001/88, 2002/17, 86 and 224, 2003/200, 218 and 431, 2004/97 and 168, 2005/119, 2006/138, 2007/192, 2008/106 and 289, 2009/86 and 288 and 2011/55.

[^f00003]: Regulation 19 was amended by S.I. 1999/748, S.S.I.2000/45, 2001/88, 2002/86, 2003/218, 2004/97, 2005/119, 2006/138, 2007/192, 2008/106 and 2009/86.

[^f00004]: Schedule1 was substituted by S.I.1999/748 and amended by S.S.I.1999/64, 2000/45, 2001/88, 2002/86, 2003/218, 2004/97 and 168, 2005/119, 2006/138, 2007/192, 2008/106 and 2009/86.

[^f00005]: Schedule2 was substituted by S.I.1999/748 and S.S.I. 2000/45, 2001/88, 2002/86, 2003/218, 2004/97, 2005/119, 2006/138, 2007/192, 2008/106 and 2009/86.

[^f00006]: Schedule3 was amended by S.I.1999/748 and S.S.I. 1999/64, 2000/45, 2001/88, 2002/86, 2003/218, 2004/97 and 168, 2005/119, 2006/138, 2007/192, 2008/106 and 2009/86.